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In This Volume

  • 11 (1) If a disposition creates an interest in property by reference to the attainment by any person of a specified age exceeding 21 years, and actual events existing at the time the interest was created or at any subsequent time establish
  • (a) that the interest, but for this section, would be void as incapable of vesting within the perpetuity period, but
  • (b) that it would not be void if the specified age had been 21 years,
  • the disposition must be construed as if, instead of referring to the age specified, it had referred to the age nearest the age specified that would have prevented the interest from being void.
  • (2) One age reduction to embrace all potential beneficiaries must be made for the purposes of subsection (1).
  • (3) If in the case of any disposition different ages exceeding 21 years are specified in relation to different persons,
  • (a) the reference in subsection (1)(b) to the specified age must be construed as a reference to all the specified ages, and
  • (b) the subsection operates to reduce each such age so far as is necessary to save the disposition from being void for remoteness.